Legal Question in Workers Comp in California
Temp employee injury
A new temp employee tripped and fell on the sidewalk enroute to work. Would the employee be covered under workman's compensation if this occurred prior to clocking in for her scheduled time?
2 Answers from Attorneys
Re: Temp employee injury
More than likely the employee will be able to file a workers' compensation claim for her injury. However, she may wish to contact a Personal Injury attorney in the event that the sidewalk in front of her workplace is not the responsiblity of her employer. In such a case, civil litigation against a third party may be more appropriate. I suggest that you seek an attorney who practices both PI and Comp.
ron
Re: Temp employee injury
In the situation that you described, the employer will apply the "Going and Coming Rule" as its defense. This means that if the employee was on her way to work, or on her way home from work, the employer would not be liable. However, there are few ways for the injured worker to defeat that rule as it will depend on all the surrounding facts. I need more information from you in order to tell if the above-stated rule can be defeated. If you would like a free consultation, please feel free to contact me at 818.943.0462.
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